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Recruitment and wage & hour law in Luxembourg

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Recruitment

AdvertisingWhat are the requirements relating to advertising positions?

All employers (whether local employers or foreign employers willing to hire in Luxembourg) must declare all vacancies to the Unemployment Administration. If a job offer is announced through other means of publication or communication, it must be declared to the Unemployment Administration at least three working days before publication or communication.

Infringement of these provisions may result in fines of between €251 and €2,500.

Background checksWhat can employers do with regard to background checks and inquiries in relation to the following:

(a) Criminal records?

The Law of March 29 2013 authorises all employers (irrespective of their sector of activity) to ask candidates and existing employees to provide copies of their criminal records. The criminal record excerpt (original/photocopy) must not be kept for more than 24 months from the date on which it is provided.

(b) Medical history?

Medical examinations can be performed by an occupational physician before the start of employment or within two months of the start of employment. Medical examinations will be performed if the employee’s duties are dangerous or must be performed at night.

The detailed results of medical examinations cannot be communicated to the employer. Instead, the employer will be provided only with the decision on whether the employee is fit to work.

(c) Drug screening?

Luxembourg law does not impose specific restrictions on drug or alcohol testing. However, this information is considered to be protected by privacy; thus, employers cannot require testing.

(d) Credit checks?

Credit checks are covered by personal and private data provisions and thus cannot be the subject of employer inquiries. However, depending on the applicant’s position and the nature of his or her activities, an employer may request him or her to provide such information.

(e) Immigration status?

Employers may ask whether a job applicant has authorisation to work in Luxembourg and request evidence thereof.

(f) Social media?

Luxembourg law has no specific provisions which address the appropriate use of social media during the hiring process.

(g) Other?

During the hiring process, employers are prohibited from making inquiries based on sexual orientation, religion, convictions, disability or ethnic origin.

The normal duration of work may be extended to a maximum of 10 hours per day and 48 hours per week, including overtime.

Hours and overtimeWhat are the requirements for meal and rest breaks?

Employees should be provided with a reasonable period for meals. Duty-free meal periods need not be paid. Employees must take a 30-minute break after every six working hours.

Further, employees must rest for at least 11 consecutive hours over each 24-hour period.

How should overtime be calculated?

Generally, overtime must be paid for hours worked in excess of 40 hours per working week. Since the introduction of new provisions in the Labour Code, overtime is limited to specific circumstances. Overtime will either be compensated with time off or be recorded in a savings account provided for by a collective agreement or an arrangement between social partners. If time off cannot be granted, overtime pay will be calculated at a rate of 140% of the employee’s regular rate of pay.

What exemptions are there from overtime?

Exemptions to the regulations on working hours are provided for certain sectors (eg, home carers, agriculture, hotels and catering, healthcare and goods transport). Further, the regulations on working hours do not apply to:

river transport firms;

fairground establishments;

family-run enterprises;

teleworkers;

salespersons performing their activity outside the employer’s premises; and

senior executives.

Is there a minimum paid holiday entitlement?

At least 25 working days of paid leave per year must be provided to all full-time employees. Employees must work for an unbroken three-month period for the same employer before they are entitled to take leave.

What are the rules applicable to final pay and deductions from wages?

Employers cannot make deductions from employees’ wages, unless these are made in accordance with applicable laws or regulations – for example:

social security contributions;

personal income tax;

deductions made in conjunction with an employer-sponsored pension scheme;

fines incurred by the employee;

repairs for damage caused by the employee;

damage to or loss of tools or other working materials;

advance payments made by the employer; or

attachment of earnings.

Record keepingWhat payroll and payment records must be maintained?

All employers must keep a record of the following employee information:

employment contracts evidencing each employee’s occupation, salary and other benefits;

pay slips evidencing the amount paid each pay period to each employee;

a special register of normal working hours, overtime, Sunday hours, public holidays and night hours, and the corresponding amounts paid to each employee in this respect;

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